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Judge Paula Xinis Blocks ICE Re‑Detention of Salvadoran Smuggling Defendant After Failed Deportation Plans

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Federal Judge Issues Injunction Ending ICE Custody On Feb 17 2026 U.S. District Judge Paula Xinis in Greenbelt, Maryland barred ICE from re‑detaining Kilmar Abrego Garcia, finding the 90‑day detention period expired and the government lacked a viable removal plan; the order is appealable to the Richmond circuit court [1][2].

Background: Illegal Deportation and Return to U.S. Abrego Garcia, a Salvadoran national, was mistakenly sent to a mega‑prison in El Salvador last year despite a 2019 protection ruling, then brought back in early June 2026 after a federal indictment for human smuggling in Tennessee, to which he has pleaded not guilty [1][2].

Failed Removal Attempts to Africa and Costa Rica Offer DHS listed Uganda, Eswatini, Ghana and Liberia as possible destinations while Costa Rica repeatedly offered refuge; ICE could not secure any country, leading the judge to conclude there was no “good reason” to expect removal and labeling the proposals “empty threats” [1][2].

Current Pre‑Trial Release Conditions Abrego Garcia remains under strict Maryland pre‑trial release, residing with his brother and restricted from leaving the state except for work, religious services, medical care or court appearances; he prefers deportation to Costa Rica, a request the Trump administration has not supported [1].

Legal Reasoning Emphasizes Due Process In a 10‑page decision, Judge Xinis wrote that continued detention would violate due‑process rights because the government offered no evidence of a foreseeable removal, reinforcing the injunction against ICE [1][2].

Sources

Timeline

2015 – A federal immigration judge issues a 2015 order prohibiting the removal of Babson College freshman Lucia Lopez Belloza from Massachusetts or the United States, a directive later violated by ICE [22][24][25].

Mar 2016 – A removal order is entered against Lopez Belloza and her mother, setting the legal basis the government later cites to justify her 2025 deportation [21].

Feb 2017 – The Board of Immigration Appeals dismisses the appeal of Lopez Belloza’s removal order, effectively closing her case before it resurfaces years later [21].

2019 – A Maryland district judge grants Kilmar Abrego Garcia protection from deportation after finding he faces gang‑related danger in El Salvador, a safeguard later ignored by the Trump administration [12][18].

2022 – A traffic stop in Tennessee involving nine passengers leads to a federal human‑smuggling charge against Abrego Garcia, though he receives only a warning at the time [11][14].

Feb 2022 – Former Venezuelan opposition mayor Carlos García illegally enters the United States; he is later apprehended, released, and now faces immigration proceedings [2].

2023 – Victor Madrid, a Colombian immigrant who arrived in 2023, is detained in Chicago despite having work authorization, illustrating broader warrant‑less arrest issues [5].

Mar 2025 – ICE mistakenly deports Kilmar Abrego Garcia to a notorious Salvadoran mega‑prison, violating his 2019 protection order and sparking national criticism [16][18].

June 2025 – Following a Supreme Court directive, the United States returns Abrego Garcia to Maryland, where he lives with his American wife and child and pleads not guilty to the smuggling charge [1][12].

Dec 11 2025 – Judge Paula Xinis releases Abrego Garcia from ICE custody, finding no lawful removal order and stating, “Well then, this is no harm, no foul,” while ordering a temporary restraining order to prevent re‑detention [13][19][20].

Dec 12 2025 – Judge Xinis issues a temporary restraining order that bars any further detention of Abrego Garcia pending a hearing, and DHS spokesperson Tricia McLaughlin condemns the ruling as “naked judicial activism” [17][20][28].

Dec 22 2025 – In a hearing, Judge Xinis questions whether the government can be trusted to honor court limits, noting the administration’s misrepresentation of Costa Rica’s willingness to accept Abrego Garcia and demanding evidence of any intent to re‑arrest [13][14][30].

Dec 23 2025 – The judge orders the government to file a brief by Dec 26 on whether it plans to re‑detain Abrego Garcia, preserving his ability to spend Christmas with his family [12].

Dec 26 2025 – Judge Waverly Crenshaw cancels Abrego Garcia’s trial and schedules a Jan 28 hearing to determine if the prosecution is vindictive, requiring prosecutors to justify the charges [11][9].

Dec 28 2025 – DHS Assistant Secretary Tricia McLaughlin posts on X, criticizing Abrego Garcia’s TikTok video and framing the case as a clash between enforcement rhetoric and a gag order [10].

Dec 30 2025 – ICE files a brief stating it will not detain Abrego Garcia again while Judge Xinis’s restraining order remains in effect, linking the case to a newly unsealed Dec 3 DOJ directive that treated the indictment as a “top priority” [8][28].

Dec 31 2025 – An unsealed court order reveals senior DOJ officials, including Associate Deputy Attorney General Aakash Singh, pushed to indict Abrego Garcia after his mistaken deportation, prompting the judge to order production of internal documents [9][28].

Jan 2 2026 – Chief District Judge Jill N. Parrish orders ICE to return Federico Reyes Vasquez to the United States within 21 days after the court finds his Dec 22 deportation violated a prior order [7].

Jan 15 2026 – At a Boston federal hearing, Assistant U.S. Attorney Mark Sauter apologizes for the mistaken deportation of Babson student Lucia Lopez Belloza, calling it “a mistake by a single officer” while maintaining the underlying removal order remains valid [3].

Jan 16 2026 – Judge Richard Stearns acknowledges the government’s apology for Lopez Belloza’s removal but declines to hold ICE in contempt, and her attorney files a habeas petition seeking a court‑ordered plan—potentially a student visa—to bring her back to the U.S. [6][26][27].

Jan 28 2026 – A federal hearing is set to decide whether the human‑smuggling prosecution of Kilmar Abrego Garcia is vindictive, as required by Judge Crenshaw’s Dec 26 order [11][9][10].

Jan 29 2026 – ICE agents in plain clothes detain former Venezuelan opposition mayor Carlos García at his home in Hamilton, Ohio, during a routine status check; he is transferred to Butler County Jail pending a Feb 10 trial [2].

Feb 17 2026 – Judge Paula Xinis issues an injunction that bars ICE from re‑detaining Kilmar Abrego Garcia, allowing him to remain on strict Maryland pre‑trial release while he prefers deportation to Costa Rica, a request the Trump administration has not supported [1].

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